WH v HB & Anor

WH v HB & Anor

The £900,000 loan from RF to HB is a soft loan and should not be treated as a hard liability in the asset schedule. WH is entitled to a lump sum of £390,000 to meet her housing and capital needs, with the former family home to be sold. Periodical payments to WH are to continue for one year, reducing after six months, to allow adjustment. Offers from RF to settle property via trust are insufficient as they do not provide WH with ownership or control. The division prioritizes the needs of the child and both parties, disregarding the soft loan as a priority over those needs.

Parties
Applicant: WH; 1st Respondent: HB; 2nd Respondent: RF
Jurisdiction
England and Wales
Judgment Date
23 October 2024
Procedural Posture
Financial Remedy on Divorce / Final Judgment
Outcome
Final judgment granting financial remedies to WH.
Legal Topics
Financial Remedies, Soft Loan Treatment, Division of Matrimonial Assets, Periodical Payments, Pension Sharing
Family Law Financial Remedies Soft Loan Treatment Division of Matrimonial Assets Periodical Payments Pension Sharing

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 15 Party arguments 2 Amounts and remedies 22
Sign in to unlock

Parties

WH

Applicant

HB

1st Respondent

RF

2nd Respondent

Procedural Posture

Financial Remedy on Divorce / Final Judgment

Legal Issues

  1. 1 Whether £900,000 provided by RF to HB is a gift or a loan and its treatment in asset division
  2. 2 Appropriate division of capital assets between WH and HB
  3. 3 Entitlement and duration of periodical payments to WH

Ratio Decidendi

The £900,000 loan from RF to HB is a soft loan and should not be treated as a hard liability in the asset schedule. WH is entitled to a lump sum of £390,000 to meet her housing and capital needs, with the former family home to be sold. Periodical payments to WH are to continue for one year, reducing after six months, to allow adjustment. Offers from RF to settle property via trust are insufficient as they do not provide WH with ownership or control. The division prioritizes the needs of the child and both parties, disregarding the soft loan as a priority over those needs.

Court Disposition

Final judgment granting financial remedies to WH.

Orders

  • Former family home to be sold; net proceeds divided: £390,000 lump sum to WH, balance to HB.
  • Periodical payments of £600/month to WH for 6 months, then £300/month for 6 months, thereafter clean break.